Child abduction is the offense of wrongfully removing, retaining, detaining, or concealing a child. There are generally two types of child abductions: child abduction by a parent and child abduction by a stranger. Child abduction by a stranger is always a criminal offense.

But the more common type of child abduction is by a parent—often during or after a divorce or other domestic strife. Laws on child abduction by a parent vary from state to state, but if there is no child custody order from a court in place, and if the child’s parents are not living together, one parent’s taking of the child may not be a criminal offense (crime). But many states make it a crime for such a parent to travel across state lines with the child—and in some states it is a felony offense. And if the parent’s taking or abduction of the child violates a child custody order, it will often be a criminal offense—sometimes called interference with child custody.

And federal law prohibits a parent from removing a child from the United States, or keeping a child in another country with the intent to obstruct another parent’s custodial rights. This crime is known as international parental kidnapping, and it is a felony offense.

In Wisconsin, child abduction is taken seriously, and the law distinguishes between abduction by a stranger and by a parent. Child abduction by a stranger is always a criminal offense. Parental child abduction can also be a criminal offense, particularly when it violates a court-issued child custody order. Under Wisconsin Statute 948.31, 'Interference with custody by parent or others,' it is illegal for a person to intentionally take or hide a child from the child's legal custodian when the person has no legal right to do so. This statute applies even if there is no formal custody order in place if the action is intended to deprive the lawful custodian of their rights. Crossing state lines can escalate the severity of the offense, potentially invoking federal law under the Parental Kidnapping Prevention Act (PKPA). Additionally, international parental kidnapping is a federal felony under the International Parental Kidnapping Crime Act (IPKCA), which makes it illegal for a parent to remove or attempt to remove a child from the United States, or retain a child outside the United States with the intent to obstruct another parent's custodial rights.